[Ord. No. 91-26 §1, 3-6-1991; Ord. No. 92-44 §1, 8-5-1992]
The following words, terms and phrases, when used in this Article,
shall have the meaning ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The Director of Revenue for the State of Missouri as set
forth under RSMo. Section 32.010.
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt or other liquors or combination of liquors, a part
of which is spirituous, vinous or fermented, and all preparations
or mixtures for beverage purposes, containing in excess of one-half
of one percent (0.5%) by volume.
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, and wholesome
yeast, and pure water, and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (0.5%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
[1]
State Law Reference — Similar definitions, RSMo. §§311.020,
312.010 (2).
[Ord. No. 90-45 §7-150, 5-2-1990]
No person shall consume an alcoholic beverage in any outdoor
public place, including but not limited to any public highway, public
street, public sidewalk, public alley, public parking lot or area,
provided however, that it shall not be a violation of this Section
to consume alcoholic beverages on private property with the permission
of the landowner or lessee, or to consume alcoholic beverages within
a Bridgeton City Park or in the area of any waterway where fishing
is permitted within the City of Bridgeton.
[Ord. No. 91-26 §2, 3-6-1991; Ord. No. 98-55 §1, 7-15-1998]
A.
Definition. In accordance with Section 577.001, RSMo., or
as hereinafter may be amended,
1.
The term "drive", "driving", "operates", or "operating" as used in this Section means physically driving
or operating or being in actual physical control of a motor vehicle.
2.
The term "intoxicated condition", as used in this
Section means a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance,
or drugs, or any combination thereof.
3.
An "intoxicated-related traffic offense" is driving
while intoxicated, driving with excessive blood alcohol content, or
driving under the influence of alcohol or drugs in violation of State
law or a County or municipal ordinance, where the judge in such case
was an attorney and the defendant was represented by, or waived the
right to, an attorney, in writing.
4.
A "persistent offender" is one (1) of the following:
a.
A person who has pleaded guilty to, or has been found guilty of,
two (2) or more intoxication-related traffic offenses, where such
two (2) or more offenses occurred within ten (10) years of the occurrence
of the intoxication-related traffic offense for which the person is
charged.
5.
A "prior offender" is a person who has pleaded guilty
to, or has been found guilty of, one (1) intoxication-related traffic
offense, where such prior offense occurred within five (5) years of
the occurrence of the intoxication-related traffic offense for which
the person is charged.
B.
In
accordance with Section 556.061, RSMo., or as hereinafter may be amended,
the term "Law Enforcement Officer", or "Arresting
Officer" as used in this Section means any public servant having both the power and duty to make arrests for violations of the laws of the State and in accordance with Chapter 200, Section 200.020 of the Code of Ordinances for the City of Bridgeton.
C.
In
accordance with Section 577.010, RSMo., or as hereinafter may be amended,
a person commits the offense of driving while intoxicated if he operates
a motor vehicle while in an intoxicated or drugged condition.
[Ord. No. 91-26 §3, 3-6-1991; Ord. No. 01-36 §1, 7-5-2001]
A.
In
accordance with RSMo. Section 577.012 or as hereinafter may be amended,
a person commits the crime of "driving with excessive blood
alcohol content" if he operates a motor vehicle in this State
with eight-hundredths of one percent (0.08%) or more by weight of
alcohol in his blood.
B.
As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of Sections 205.490, 205.500 and 205.510 of this Article.
[Ord. No. 91-26 §4, 3-6-1991; Ord. No. 98-55 §2, 7-15-1998]
A.
In
accordance with Section 577.020, RSMo., or as hereinafter may be amended:
1.
Any person who operates a motor vehicle upon the public highways of this State shall be deemed to have given consent to, subject to the provisions of Sections 205.470 to 205.520, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:
a.
If the person is arrested for any offense arising out of acts which
the arresting officer had reasonable grounds to believe were committed
while the person was driving a motor vehicle while in an intoxicated
or drugged condition;
b.
If the person is under the age of twenty-one (21), has been stopped
by a Law Enforcement Officer, and the Law Enforcement Officer has
reasonable grounds to believe that such person was driving a motor
vehicle with a blood alcohol content of two-hundredths of one percent
(0.02%) or more by weight;
c.
If the person is under the age of twenty-one (21), has been stopped
by a Law Enforcement Officer, and the Law Enforcement Officer has
reasonable grounds to believe that such person has committed a violation
of the traffic laws of the State, or any political subdivision of
the State, and such officer has reasonable grounds to believe, after
making such stop, that such person has a blood alcohol content of
two-hundredths of one percent (0.02%) or greater; or
d.
If the person is under the age of twenty-one (21), has been stopped
at a sobriety checkpoint or road block and the Law Enforcement Officer
has reasonable grounds to believe that such person has a blood alcohol
content of two-hundredths of one percent (0.02%) or greater. The test
shall be administered at the direction of the Law Enforcement Officer
whenever the person has been arrested or stopped for any reason.
2.
The implied consent to submit to the chemical tests listed in Subsection (1) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.
3.
Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid pursuant to the provisions of Sections 205.470 to 205.520 shall be performed according to methods approved by the State Department of Health by licensed medical personnel, or by a person possessing a valid permit issued by the State Department of Health for this purpose.
4.
The State Department of Health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of Sections 205.470 to 205.520 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health.
5.
The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer.
6.
Upon the request of the person who is tested, full information concerning
the test shall be made available to him.
7.
Any person given a chemical test of the person's breath pursuant to Subsection (1) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any State law or County or municipal ordinance, or any license revocation or suspension proceeding.
[Ord. No. 91-26 §5, 3-6-1991; Ord. No. 93-112 §1, 12-15-1993; Ord. No. 01-36 §§2 — 3, 7-5-2001]
A.
In accordance with Section 577.037, RSMo., or as hereinafter may be amended, upon the trial of any person for violation of any of the provisions of Section 205.470 or 205.480 or upon the trial of any criminal action or violations of County or municipal ordinances, or in any license suspension or revocation proceeding pursuant to the provisions of Chapter 302, RSMo., arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood, breath, saliva or urine is admissible in evidence if there were eight-hundredths of one percent (0.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.
1.
Percent by weight of alcohol in the blood shall be based upon grams
of alcohol per one hundred (100) milliliters of blood or grams of
alcohol per two hundred ten liters of breath.
2.
The foregoing provisions of this Section shall not be construed as
limiting the introduction of any other competent evidence bearing
upon the question whether the person was intoxicated.
3.
A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (1) of this Section, shall have been performed as provided in Sections 205.490 to 205.520 and in accordance with methods and standards approved by the State Department of Health.
4.
Any charge alleging a violation of Section 205.470 or 205.480 or any municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 205.490 to 205.520 and rules promulgated thereunder by the State Department of Health demonstrate that there was less than eight-hundredths of one percent (0.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
a.
There is evidence that the chemical analysis is unreliable as evidence
of the defendant's intoxication at the time of the alleged violation
and the obtaining of the specimen;
b.
There is evidence that the defendant was under the influence of a
controlled substance, or drug, or a combination of either or both,
with or without alcohol; or
c.
There is substantial evidence of intoxication from physical observations
of witnesses or admissions of the defendant.
[Ord. No. 91-26 §6, 3-6-1991; Ord. No. 92-40 §1, 8-5-1992; Ord.
No. 93-112 §2, 12-15-1993; Ord. No. 98-55 §3, 7-15-1998]
A.
In
accordance with Section 577.041, RSMo., or as hereinafter may be amended,
1.
If a person under arrest, or who has been stopped pursuant to Subsection (1)(b) or (c) of Section 205.490, refuses upon the request of the officer to submit to any test allowed pursuant to Section 205.490, then none shall be given and evidence of the refusal shall be admissible in a proceeding pursuant to Sections 205.470 or 205.480. The request of the officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person and that the person's license shall be immediately revoked upon refusal to take the test. If a person, when requested to submit to any test allowed pursuant to Section 205.490, requests to speak to an attorney, the person shall be granted twenty (20) minutes in which to attempt to contact an attorney. If, upon the completion of the twenty (20) minute period, the person continues to refuse to submit to any test, it shall be deemed a refusal. In this event, the officer shall, on behalf of the Director of Revenue, serve the notice of license revocation personally upon the person and shall take possession of any license to operate a motor vehicle issued by this State which is held by that person. The officer shall issue a temporary permit, on behalf of the Director of Revenue, which is valid for fifteen (15) days and shall also give the person a notice of such person's right to file a petition for review to contest the license revocation.
2.
The officer shall make a sworn report to Director of Revenue, which
shall include the following:
a.
That the officer has:
(1)
Reasonable grounds to believe that the arrested person was driving
a motor vehicle while in an intoxicated or drugged condition;
(2)
Reasonable grounds to believe that the person stopped, being
under the age of twenty-one (21) years, was driving a motor vehicle
with a blood alcohol content of two-hundredths of one percent (0.02%)
or more by weight; or
(3)
Reasonable grounds to believe that the person stopped, being
under the age of twenty-one (21) years, was committing a violation
of the traffic laws of the State, or political subdivision of the
State, and such officer has reasonable grounds to believe, after making
such stop, that the person had a blood alcohol content of two-hundredths
of one percent (0.02%) or greater.
b.
That the person refused to submit to a chemical test;
c.
Whether the officer secured the license to operate a motor vehicle
of the person;
d.
Whether the officer issued a fifteen (15) day temporary permit;
e.
Copies of the notice of revocation, the fifteen (15) day temporary
permit and the notice of the right to file a petition for review,
which notices and permit may be combined in one (1) document; and
f.
Any license to operate a motor vehicle which the officer has taken
into possession.
3.
Upon receipt of the officer's report, the Director shall revoke the
license of the person refusing to take the test for a period of one
(1) year; or if the person is a non-resident, such person's operating
permit or privilege shall be issued denying the person the issuance
of a license or permit for a period of one (1) year.
4.
If a person's license has been revoked because of the person's refusal
to submit to a chemical test, such person may petition for a hearing
before a Circuit or Associate Circuit Court in the County in which
the arrest or stop occurred. The person may request such court to
issue an order staying the revocation until such time as the petition
for review can be heard. If the court, in its discretion, grants such
stay, it shall enter the order upon a form prescribed by the Director
of Revenue and shall send a copy of such order to the Director. Such
order shall serve as proof of the privilege to operate a motor vehicle
in this State and the Director shall maintain possession of the person's
license to operate a motor vehicle until termination of any revocation
pursuant to this Section. Upon the person's request, the Clerk of
the court shall notify the Prosecuting Attorney of the County and
the Prosecutor shall appear at the hearing on behalf of the Director
of Revenue. At the hearing, the court shall determine only:
a.
Whether or not the person was arrested or stopped;
b.
Whether or not the officer had:
(1)
Reasonable grounds to believe that the person was driving a
motor vehicle in an intoxicated or drugged condition;
(2)
Reasonable grounds to believe that the person stopped, being
under the age of twenty-one (21) years, was driving a motor vehicle
with a blood alcohol content of two-hundredths of one percent (0.02%)
or more by weight; or
(3)
Reasonable grounds to believe that the person stopped, being
under the age of twenty-one (21) years, was committing a violation
of the traffic laws of the State, or political subdivision of the
State, and such officer has reasonable grounds to believe, after making
such stop, that the person had a blood alcohol content of two-hundredths
of one percent (0.02%) or greater; and
c.
Whether or not the person refused to submit to the test.
5.
If the court determines any issue not to be in the affirmative, the
court shall order the Director to reinstate the license or permit
to drive.
6.
Requests for review as provided in this Section shall go to the head
of the docket of the court wherein filed.
7.
No person who has had a license to operate a motor vehicle suspended
or revoked pursuant to the provisions of this Section shall have that
license reinstated until such person has participated in and successfully
completed a substance abuse traffic offender program, except the department
or the court may waive such requirement upon completion of a comparable
program or upon good cause shown or the court may waive such requirement
upon good cause shown. The court, in making this determination, shall
consider the person's driving record, the circumstances surrounding
the offense and the likelihood of the person committing a like offense
in the future. Assignment recommendations, based upon the needs assessment,
shall be delivered in writing to the person with written notice that
the person is entitled to have such assignment recommendations reviewed
by the court if the person objects to the recommendations. The person
may file a motion in the Associate Division of the Circuit Court,
on a printed form provided by the State Courts Administrator, to have
the court hear and determine such motion pursuant to the provisions
of Chapter 517, RSMo., after reviewing such assessment. The motion
shall name the person or entity making the needs assessment as the
respondent and a copy of the motion shall be served upon the respondent
in any manner allowed by law. Such assessment and compliance with
the court determination of the motion shall satisfy the provisions
of this Section for the purpose of reinstating such person's license
to operate a motor vehicle. The respondent's personal appearance at
any hearing conducted pursuant to this Subsection shall not be necessary
unless directed by the court.
8.
The fees for the substance abuse traffic offender program, or a portion
thereof to be determined by the Division of Alcohol and Drug Abuse
of the Department of Mental Health, shall be paid by the person enrolled
in the program. Any person who is enrolled in the program shall pay,
in addition to any fee charged for the program, a supplemental fee
of sixty dollars ($60.00). The administrator of the program shall
remit to the Division of Alcohol and Drug Abuse of the Department
of Mental Health the supplemental fee for all persons enrolled in
the program, less two percent (2%) for administrative costs. The supplemental
fees received by the Department of Mental Health pursuant to this
Section shall be deposited in the Mental Health Earnings Fund, which
is created in Section 630.053, RSMo.
[Ord. No. 92-40 §2, 8-5-1992]
A.
In
accordance with RSMo. Section 577.500, or as hereinafter may be amended,
a court of competent jurisdiction shall, upon a plea of guilty, conviction
or finding of guilt, enter an order suspending or revoking the driving
privileges of any person determined to have committed one (1) of the
following offenses and who, at the time said offense was committed,
was under twenty-one (21) years of age:
1.
Any alcohol related traffic offense where the judge in such case
was an attorney and the defendant was represented by or waived the
right to an attorney in writing;
2.
Any offense where the judge in such case was an attorney and the
defendant was represented by or waived the right to an attorney in
writing, involving the possession or use of alcohol, committed while
operating a motor vehicle.
4.
Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle in violation of Section 355.080.
5.
Any offense where the judge in such case was an attorney and the
defendant was represented by or waived the right to an attorney in
writing, involving the possession or use of alcohol for a second time;
except that a determination of guilt or its equivalent shall have
been made for the first (1st) offense and both offenses shall have
been committed by the person when the person was under eighteen (18)
years of age.
B.
The court shall require the surrender to it of any license to operate a motor vehicle then held by any person against whom a court has entered an order suspending or revoking driving privileges under Subsection (A) of this Section.
C.
The court shall forward to the Director of Revenue the order of suspension or revocation of driving privileges and any licenses acquired under Subsection (B) of this Section.
D.
The
period of suspension for a first (1st) offense under this Section
shall be ninety (90) days. Any second (2nd) or subsequent offense
under this Section shall result in revocation of the offender's driving
privileges for one (1) year.
[Ord. No. 90-45 §7-185, 5-2-1990; Ord. No. 96-63 §1, 10-2-1996]
An arrest without a warrant by a Law Enforcement Officer for a violation of Section 205.470 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer; provided however, that such arrest without warrant must be made within one and one-half (1½) hours after such claimed violation occurred; except that a warrantless arrest for driving while intoxicated may be made after one and one-half (1½) hours has elapsed if the offender has left the scene of an accident or has been removed from the scene of said accident for medical treatment and there exists probable cause to believe the offender was driving while intoxicated at the time said accident occurred.
[1]
State Law References — Similar provisions §§577.010
— 577.012, 577.020 — 577.039, 577.041, RSMo.
[Ord. No. 92-40 §2, 8-5-1992; Ord. No. 93-112 §3, 12-15-1993]
In accordance with Section 577.048, RSMo., or as hereinafter may be amended, upon a plea of guilty or a finding of guilty for an offense of violating the provisions of Section 205.470 or 205.480, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City of Bridgeton, Missouri Police Department, which made the arrest, for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this Chapter to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Bridgeton Missouri Police Department may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.
